Terms of Use and End-User License Agreement

Preamble

The Software is provided under license from DataDrivenConstruction (a registered small business / Kleingewerbe in Germany) and is not sold. The applicable license type (Community, Professional, or Enterprise) depends on the product you have downloaded or purchased, as specified in your order confirmation or on the relevant download page. Nothing in this Agreement transfers ownership of the Software or any intellectual property rights therein.

1. Background

DataDrivenConstruction (“DDC”), operated by Artem Boiko as a registered small business (Kleingewerbe / Einzelunternehmen) in Graben-Neudorf, Germany, develops and distributes software products, workflows, data sets, and documentation for the Architecture, Engineering, and Construction (AEC) industry.

DDC offers its products under a tiered licensing model:

1. Community tier — certain products are available free of charge for personal, educational, research, or individual commercial use, subject to this Agreement and any product-specific license (e.g. MIT, Apache-2.0, or AGPL-3.0 for open-source components, or the DDC Proprietary License for compiled binary converters).
2. Professional tier — paid licenses for commercial use within a single company, including email support and a defect warranty.
3. Enterprise tier — custom commercial licenses including Service Level Agreements, indemnification, audit rights, and the option to deploy as a Software-as-a-Service (“SaaS”).

The applicable tier and its specific terms are identified in your order confirmation, the product download page, or a separately signed Order Form.

2. Definitions

“Agreement” means this End-User License Agreement, including all referenced documents (Privacy Policy, applicable Order Form, and any product-specific license notices).

“Software” means all software programs, binary converters, n8n workflows, AI agent instructions, scripts, documentation, and updates provided by DDC under this Agreement.

“Binary Converters” means the compiled executable files (including, without limitation, RvtExporter.exe, DwgExporter.exe, IfcExporter.exe, DgnExporter.exe, and RVT2IFCconverter.exe) and their accompanying libraries. The Binary Converters are proprietary software and are subject to additional restrictions in Section 13 (Third-Party Components and Pass-Through Obligations).

“Community License” means the free-of-charge license described in Section 3.1.

“Commercial License” means the paid license obtained by acceptance of an Order Form and payment of the applicable fee, described in Sections 3.2 and 3.3.

“Order Form” means a written offer accepted by both parties specifying the Commercial License tier, fees, deployment scope, and any Service Level Agreement.

“Licensee” / “You” means the individual or legal entity accepting this Agreement.

“Licensor” means DataDrivenConstruction, operated by Artem Boiko (Kleingewerbe / Einzelunternehmen), Kraichgaustraße 3, 76676 Graben-Neudorf, Germany. Licensor may assign this Agreement to a successor entity, including a German UG (haftungsbeschränkt) or GmbH formed by Artem Boiko, as described in Section 22.

“ODA” means the Open Design Alliance, a Delaware non-profit of which Licensor is a Sustaining Member. The Binary Converters incorporate technology licensed under the ODA Sustaining Membership Agreement, which imposes pass-through restrictions detailed in Section 13.

“Consumer” / “Verbraucher” means a natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession (§ 13 BGB).

“Business Customer” / “Unternehmer” means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade, business, or profession (§ 14 BGB).

“SaaS Component” means any functionality of the Software that is hosted by Licensor or on behalf of Licensee and accessed via network interface. SaaS Components are subject to additional terms in Section 19.

3. License Grant

3.1 Community License (free tier)

Subject to Licensee’s continued compliance with this Agreement, Licensor grants Licensee a worldwide, non-exclusive, non-transferable, revocable, royalty-free license to:

1. download, install, and use the Community-tier Software on personal computers owned or controlled by Licensee;
2. use the Community-tier Software for personal, educational, research, or individual commercial purposes;
3. where applicable open-source licenses permit (MIT, Apache-2.0, AGPL-3.0, CC BY 4.0), modify and redistribute the relevant components under the corresponding open-source license terms.

The Community License does not include:

• redistribution of the Binary Converters (these remain proprietary regardless of the tier of the accompanying workflow or script);
• embedding the Software in a third-party product offered for sale, rent, lease, or as a Software-as-a-Service;
• commercial support, warranties beyond mandatory statutory minimums, Service Level Agreements, or indemnification.

3.2 Professional License

Upon acceptance of an Order Form and payment of the applicable fee, Licensor grants Licensee a worldwide, non-exclusive, non-transferable, revocable license to install and use the Professional-tier Software on the number of workstations specified in the Order Form within a single company, for internal business purposes, including commercial use within Licensee’s ordinary operations.

The Professional License includes:

• email support during standard business hours (GMT+1), with a target response time of five (5) business days;
• a twenty-four (24) month defect warranty as set out in Section 11 and limited by Section 12.

3.3 Enterprise License

Enterprise Licenses are negotiated individually and documented in an Order Form signed by both parties. Typical Enterprise deliverables include unlimited named users within the licensed entity, SaaS deployment rights, service-level commitments, indemnification (capped as set out in Section 15), audit rights, and priority support.

3.4 Scope limits common to all tiers

Regardless of tier, the licenses above do not permit Licensee to:

1. reverse engineer, decompile, or disassemble the Binary Converters or any other compiled components, except to the limited extent expressly permitted by mandatory applicable law (including §§ 69d, 69e UrhG);
2. use the Software in violation of applicable export-control or sanctions laws (see Section 20);
3. use the Software to develop a competing product;
4. remove or alter any proprietary notices, trademarks, or watermarks;
5. transfer the license to a third party without Licensor’s prior written consent.

4. Acceptance of Terms

By downloading, installing, accessing, or using the Software, Licensee agrees to be bound by this Agreement. If Licensee does not agree, Licensee must not install, access, or use the Software and must delete all copies in its possession or control.

5. Support and Maintenance

Support obligations depend on the tier:

• Community tier: best-effort community support via public GitHub Issues and documentation. DDC is under no obligation to provide individual support or maintenance. Security vulnerabilities must not be reported via public Issues; see Section 23.
• Professional tier: email support during standard business hours (GMT+1), response target within five (5) business days. Bug fixes for defects covered by the warranty in Section 11 are provided at no additional cost during the warranty period.
• Enterprise tier: support scope, response times, and service credits are governed by the applicable Order Form and Service Level Agreement.

6. Data Collection and Privacy

In the course of using the Software, DDC may collect certain information, including IP addresses, usage data, and system information, for the purposes of monitoring and improving the Software, ensuring compliance with this Agreement, and enhancing security. By using the Software, Licensee consents to this data collection as described in DDC’s Privacy Notice (Datenschutzerklärung & Impressum). DDC applies reasonable security measures to protect data but does not guarantee that unauthorised third parties will never breach such protections.

DDC is committed to complying with applicable data-protection law, including Regulation (EU) 2016/679 (GDPR), the UK GDPR and Data Protection Act 2018, and the California Consumer Privacy Act (CCPA) as amended by the CPRA. Licensees in the European Economic Area, the United Kingdom, or jurisdictions with equivalent legislation have the right to access, rectify, or delete their personal data, to restrict or object to processing, and to request data portability. Such rights may be exercised by contacting [email protected].

7. Intellectual Property

All intellectual property rights in and to the Software, including all copies, modifications, and derivative works, are and shall remain the exclusive property of Licensor or its licensors. This Agreement does not transfer to Licensee any ownership or title to the Software or to any associated intellectual property rights. All rights not expressly granted to Licensee are reserved by Licensor.

8. License Restrictions

Without limiting Section 3.4, Licensee shall not:

• copy, modify, or create derivative works of the Software, except as expressly permitted under the applicable tier and any accompanying open-source license;
• rent, lease, lend, sell, sublicense, or otherwise transfer the Software to any third party, except as expressly permitted by this Agreement or an Order Form;
• remove or alter any copyright, trademark, or other proprietary notices;
• use the Software in any manner that violates applicable law, regulation, or third-party rights.

9. Updates and Modifications

Licensor may, at its discretion, provide updates, patches, or new versions of the Software. All such updates are deemed part of the Software and are governed by this Agreement unless accompanied by a separate license. Licensor is not obliged to provide updates to Community-tier Licensees.

10. Term and Termination

This Agreement is effective upon Licensee’s first use of the Software and continues until terminated.

Licensor may terminate this Agreement immediately if Licensee materially breaches any of its terms, including without limitation Sections 3.4 (scope limits), 13 (ODA pass-through), or 20 (export control). Upon termination, Licensee shall immediately cease all use of the Software and destroy all copies in its possession or control. The provisions of Sections 7, 12, 13, 15, 17, 20, and 22 survive termination.

11. Warranty and Disclaimer

Community-tier Software is provided “as is”, without warranty of any kind, whether express, implied, or statutory, to the maximum extent permitted by applicable law. This includes, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or that the Software will be uninterrupted or error-free.

For Professional-tier Software, Licensor warrants for a period of twenty-four (24) months from the date of download that the Software, when used in accordance with the documentation and this Agreement, will substantially conform to the functional description provided at the time of purchase. Licensee’s sole remedy for breach of this warranty is, at Licensor’s option, (i) correction of the defect, (ii) redelivery of a conforming version of the Software, or (iii) termination of the affected license and refund of the pro-rated prepaid fee for the remaining warranty period.

Enterprise-tier warranty terms are set out in the Order Form.

Nothing in this Section 11 excludes or limits any warranty right that cannot be excluded or limited under mandatory applicable law (including §§ 438, 634a BGB).

12. Limitation of Liability

12.1 Unlimited liability

Licensor shall be liable without limitation for:

1. damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit);
2. injury to life, body, or health resulting from negligent breach of duty by Licensor or intentional or negligent breach of duty by Licensor’s legal representatives or vicarious agents;
3. claims under the German Product Liability Act (Produkthaftungsgesetz) and, once implemented in German law, the EU Product Liability Directive 2024/2853;
4. fraudulent concealment of defects (arglistiges Verschweigen);
5. any express written guarantee (Beschaffenheitsgarantie) explicitly given in writing.

12.2 Limited liability for cardinal obligations

For breaches of cardinal contractual obligations (wesentliche Vertragspflichten) — i.e. obligations whose fulfilment is essential to the proper execution of this Agreement and on the observance of which Licensee regularly relies and may rely — Licensor’s liability for slight negligence (leichte Fahrlässigkeit) shall be limited to damages that are foreseeable and typical for contracts of this nature (vertragstypisch vorhersehbare Schäden).

For the avoidance of doubt, such liability is capped at the higher of:

1. the total fees paid by Licensee to Licensor in the twelve (12) months preceding the event giving rise to the claim; or
2. EUR 5,000 for Professional-tier licenses, or EUR 50,000 for Enterprise-tier licenses.

12.3 Exclusion for slight negligence of non-cardinal obligations

Any further liability of Licensor for slight negligence in respect of non-cardinal contractual obligations is excluded.

12.4 Data loss

Licensor’s liability for loss of data in accordance with Sections 12.1–12.3 is limited to the typical restoration effort that would have been incurred had Licensee maintained backups in compliance with the state of the art.

12.5 Application to agents and employees

The limitations set out in this Section 12 apply equally to Licensor’s legal representatives (gesetzliche Vertreter), vicarious agents (Erfüllungsgehilfen), and employees (Mitarbeiter).

12.6 Statutory minimum

Nothing in this Section 12 limits liability to the extent that it cannot be excluded or limited under mandatory applicable law.

13. Third-Party Components and Pass-Through Obligations

13.1 ODA-derived components

The Binary Converters (as defined in Section 2) incorporate, or are derived from, technology licensed to Licensor by the Open Design Alliance (“ODA”) under a Sustaining Membership Agreement. Licensee’s use of the Binary Converters is conditional upon Licensee’s compliance with the following pass-through restrictions, which are material terms of this Agreement:

1. Licensee shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data structures, or underlying ideas of the ODA-derived portions of the Binary Converters, except to the limited extent expressly permitted by mandatory applicable law (including §§ 69d, 69e UrhG for European users);
2. Licensee shall not extract, isolate, republish, sublicense, or redistribute the ODA-derived portions of the Binary Converters separately from the Binary Converters as delivered;
3. Licensee shall comply with all export-control obligations set out in Section 20, and shall not use the Binary Converters in any application that would require a specific export license not held by Licensor;
4. Licensee shall not use the Binary Converters in any way that would breach or conflict with the ODA Sustaining Membership Agreement, a summary of which is available at https://www.opendesign.com/.

These pass-through obligations survive termination of this Agreement and flow down to any permitted sublicensees. A breach of this Section 13 constitutes a material breach of this Agreement and entitles Licensor to terminate the Agreement without prior notice pursuant to Section 10.

13.2 Trademark attributions

The following trademarks referenced in the Software or the documentation are the property of their respective owners. This Agreement does not grant Licensee any rights to use these trademarks except as strictly necessary for descriptive reference to the corresponding file formats:

• AUTODESK®, REVIT®, AUTOCAD®, DWG™ — Autodesk, Inc.
• BENTLEY®, MICROSTATION®, DGN — Bentley Systems, Inc.
• IFC, buildingSMART — buildingSMART International.
• OPEN DESIGN ALLIANCE, ODA — Open Design Alliance.

Licensor is not developed by, endorsed by, sponsored by, or affiliated with any of the above entities.

13.3 Open-source components

The Software may include third-party open-source components. A complete list of such components, their licenses, and any applicable notices is available in the NOTICE file distributed with the Software or in the relevant GitHub repository (e.g. ./NOTICE and ./THIRD_PARTY_LICENSES.md). Licensee shall comply with the terms of such third-party licenses.

14. Governing Law and Dispute Resolution

14.1 Governing law

This Agreement shall be governed by and construed in accordance with the substantive laws of the Federal Republic of Germany, excluding conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

14.2 Jurisdiction for Business Customers

For Licensees who are merchants within the meaning of the German Commercial Code (Kaufmann nach HGB), legal entities under public law (juristische Personen des öffentlichen Rechts), or special funds under public law (öffentlich-rechtliches Sondervermögen), the exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement is Karlsruhe, Germany. Licensor reserves the right to bring proceedings at Licensee’s principal place of business.

14.3 Arbitration option for commercial cross-border disputes

For Enterprise-tier disputes with Business Customers domiciled outside Germany, the parties may agree in writing (in the Order Form or a separate addendum) that disputes shall be finally settled by arbitration under the DIS Arbitration Rules (German Arbitration Institute), with seat of arbitration Frankfurt am Main, language of proceedings English, and a single arbitrator. Where so agreed, such arbitration shall be exclusive.

14.4 Consumer protection

For Licensees who are Consumers (Verbraucher), the statutory place of jurisdiction applies. Nothing in this Agreement waives any mandatory statutory rights of Consumers in their country of residence. Consumers are informed about the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. Licensor is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board within the meaning of the German VSBG (§ 36 VSBG).

15. Indemnification

15.1 By Licensor (Enterprise tier only)

For Enterprise-tier Licensees, Licensor shall defend Licensee against third-party claims alleging that the Software as delivered (excluding modifications by Licensee or combinations with Licensee-provided materials) infringes a valid copyright, trademark, or patent enforceable in the European Union. Licensor’s aggregate liability under this Section 15.1 is capped at the total fees paid by Licensee in the twenty-four (24) months preceding the claim.

Licensor’s obligations under Section 15.1 do not apply to claims arising from:

1. Software modified by Licensee or any third party;
2. combination of the Software with products, services, or data not provided by Licensor;
3. use of the Software in violation of this Agreement;
4. continued use of the Software after notice from Licensor to cease due to an infringement claim.

If an infringement claim is asserted, Licensor may, at its option: (i) procure a license permitting continued use; (ii) modify the Software to avoid infringement; or (iii) terminate the Agreement and refund pro-rated prepaid fees.

15.2 By Licensee

Licensee shall indemnify, defend, and hold harmless Licensor, its affiliates, officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

1. Licensee’s violation of this Agreement, including without limitation the export-control obligations in Section 20 and the ODA pass-through obligations in Section 13;
2. Licensee’s use of the Software in violation of third-party rights, including intellectual property rights;
3. data, content, or configurations uploaded or input by Licensee that result in a claim against Licensor.

15.3 Procedure

The indemnified party shall (i) promptly notify the indemnifying party in writing of any claim; (ii) give the indemnifying party sole control of the defence and related settlement negotiations, except that no settlement imposing liability or admission on the indemnified party shall be made without its prior written consent; and (iii) cooperate reasonably in the defence.

16. Amendments

16.1 General principle

Licensor may propose modifications to this Agreement. Material modifications require Licensee’s express or implied consent as set out below.

16.2 Notice

Licensor will notify Licensee of proposed modifications at least thirty (30) days before they are to take effect, by email to the address associated with Licensee’s account and/or by prominent notice within the Software or on https://datadrivenconstruction.io.

16.3 Consent

1. For non-material modifications (typography, clarifications, updates mandated by law), changes take effect on the announced date without further action.
2. For material modifications (changes to fees, scope of license, liability provisions, or Licensee’s obligations), Licensee’s continued use of the Software after the effective date constitutes acceptance, provided that the notice expressly informed Licensee of this consequence and of Licensee’s right to terminate under Section 16.4.

16.4 Right to terminate

If Licensee does not accept a material modification, Licensee may terminate the affected license by written notice to Licensor within thirty (30) days of the notice under Section 16.2. In case of termination under this Section 16.4, Licensee is entitled to a pro-rated refund of any prepaid fees covering the period after termination.

17. Severability and Entire Agreement

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the original intention of the parties. This Agreement, together with any applicable Order Form and the Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, with respect to its subject matter.

18. Notices

All notices to Licensor shall be sent in writing to [email protected] or by post to DataDrivenConstruction, Kraichgaustraße 3, 76676 Graben-Neudorf, Germany. Notices to Licensee shall be sent to the email address associated with Licensee’s account or order.

19. SaaS Components

19.1 Scope

Where Licensee has purchased an Enterprise-tier license that includes access to SaaS Components hosted by or on behalf of Licensor, the provisions of this Section 19 apply in addition to the other sections of this Agreement.

19.2 Service availability

Target availability for SaaS Components is 99.5% measured monthly, excluding scheduled maintenance windows announced at least seventy-two (72) hours in advance. Specific SLA commitments and service-credit remedies are set out in the applicable Order Form.

19.3 Data processing

Licensor acts as processor (Auftragsverarbeiter) under Article 28 GDPR with respect to Licensee’s personal data processed through SaaS Components. A Data Processing Agreement (DPA) shall be concluded as part of the Order Form. Sub-processors (including cloud infrastructure providers) are listed in the DPA and may be updated by Licensor with thirty (30) days’ written notice, subject to Licensee’s right to object on reasonable grounds.

19.4 Data location

SaaS Components default to hosting within the European Economic Area unless otherwise agreed in the Order Form. Cross-border data transfers, where agreed, are protected by EU Standard Contractual Clauses or an equivalent mechanism.

19.5 Data export and deletion on termination

Upon termination of an Enterprise Agreement involving SaaS Components, Licensee may request export of its data in a machine-readable format within thirty (30) days of termination. After that period, Licensor will delete Licensee’s data within a further sixty (60) days, subject to mandatory legal retention obligations.

19.6 Artificial intelligence transparency

Where SaaS Components include AI-assisted features (e.g. cost estimation, requirements extraction), Licensor complies with the transparency requirements of Article 50 of Regulation (EU) 2024/1689 (EU AI Act). AI-generated outputs are probabilistic decision support, not decisions, and must be validated by a qualified professional before any contractual or financial action.

20. Export Control and Sanctions

20.1 Classification

The Software, including the Binary Converters, is classified EAR99 under the U.S. Export Administration Regulations (15 CFR Parts 730–774). The Software is subject to Council Regulation (EU) 2021/821 (Recast Dual-Use Regulation), the German Außenwirtschaftsgesetz (AWG), the Außenwirtschaftsverordnung (AWV), and all applicable sanctions programs.

20.2 Restricted destinations and persons

Licensee shall not export, re-export, transfer, release, or otherwise make the Software available, directly or indirectly, to:

1. any country, region, or territory subject to a comprehensive trade embargo, including (non-exhaustive, as of the date of this Agreement) Cuba, Iran, North Korea, Syria, the Russian Federation (including territories administered or claimed by it), the Republic of Belarus, and the non-government-controlled areas of Ukraine (Crimea, Sevastopol, Donetsk, Luhansk, Zaporizhzhia, Kherson);
2. any person or entity on the U.S. Department of the Treasury OFAC Specially Designated Nationals and Blocked Persons List, the U.S. Department of Commerce BIS Entity List or Denied Persons List, the EU Consolidated List, or the German BAFA sanctions list;
3. any end-use prohibited by the above regulations, including without limitation weapons of mass destruction programs, military end-uses in restricted destinations, or prohibited nuclear, missile, or chemical-biological activities.

20.3 Warranty and indemnification

Licensee warrants that it is not on any restricted-party list and will not export or use the Software in breach of this Section 20. Licensee agrees to indemnify Licensor against any claims, fines, or penalties arising from Licensee’s breach of this Section 20.

20.4 Survival

This Section 20 survives termination of the Agreement in perpetuity.

21. Commercial Terms for Business Customers

This Section 21 sets out the commercial terms (Allgemeine Geschäftsbedingungen) applicable to paid orders placed through the DDC website or an Order Form. It is binding on Business Customers and on Consumers who place orders.

21.1 Contracting party

The contracting party is DataDrivenConstruction, operated by Artem Boiko, Kraichgaustraße 3, 76676 Graben-Neudorf, Germany (Einzelunternehmer / Kleingewerbe). Contact: [email protected].

21.2 Scope

These commercial terms apply to all orders for DDC software products, binary converters, books, workshops, and related services. Deviating terms of the Licensee do not apply unless expressly agreed to in writing by Licensor.

21.3 Conclusion of contract

The presentation of products on the DDC website does not constitute a legally binding offer. It is an invitation to the customer to submit a binding offer to the seller. The contract is concluded by the customer submitting an offer through the online order form, followed by acceptance by the seller. The customer is bound to their offer for two (2) weeks after submission. The seller will confirm receipt of the offer without undue delay.

21.4 Prices and payment

1. The seller is exempt from value-added tax (VAT) under the small-business rule of § 19 UStG. No VAT is shown or charged.
2. All prices on the website are stated in Euro (EUR), without VAT (pursuant to § 19 UStG), plus any shipping or transaction fees that are transparently disclosed during the order process.
3. If the seller transitions from the small-business rule to standard VAT treatment (e.g. upon exceeding the threshold under § 19 (1) UStG or following conversion into a UG or GmbH), this will be communicated on the website in good time and future invoices will reflect the applicable VAT.
4. The customer may pay by prepayment, PayPal, or credit card. Additional payment methods may be offered during the order process.
5. Invoices are payable within fourteen (14) days of the invoice date without deduction. In B2B relationships, statutory default interest under § 288 (2) BGB applies upon expiry of the payment term.

21.5 Delivery and retention of title

Software products are delivered by provision of a download link. Books are dispatched by post. Goods remain the property of the seller until full payment of the purchase price has been received.

21.6 Warranty

The seller is liable for defects in accordance with statutory warranty rules. For Business Customers, the warranty period is twelve (12) months. For Consumers, the statutory warranty period applies.

21.7 Limitation of liability

Liability is limited in accordance with Section 12 of this Agreement.

21.8 Right of withdrawal (Consumers only)

Consumers have the right to withdraw from a distance-selling contract within fourteen (14) days without giving reasons, in accordance with §§ 312g, 355 BGB. The right of withdrawal expires early in the case of digital content that is not supplied on a physical medium if the Consumer has expressly consented to the commencement of performance before the end of the withdrawal period and has acknowledged that this consent leads to the loss of the right of withdrawal upon commencement of performance (§ 356 (5) BGB). A model withdrawal form is available on request at [email protected].

21.9 Final provisions

Amendments and supplements to the contract require written form. German law applies; the UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction for all disputes arising from the contract is the registered place of business of the seller, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law.

22. Assignment

22.1 By Licensee

Licensee may not assign this Agreement or any rights or obligations hereunder, in whole or in part, without Licensor’s prior written consent, except to a successor in interest in connection with a merger, acquisition, or sale of all or substantially all of Licensee’s assets, and provided that the successor agrees in writing to be bound by this Agreement.

22.2 By Licensor

Licensee acknowledges and agrees that Licensor currently operates as a registered small business (Kleingewerbe / Einzelunternehmen) under German law. Licensor may assign this Agreement, in whole or in part, including any related Order Forms, to:

1. a successor legal entity formed by Artem Boiko under German law, including without limitation a Unternehmergesellschaft (haftungsbeschränkt) (“UG”) or a Gesellschaft mit beschränkter Haftung (“GmbH”);
2. any entity acquiring all or substantially all of the DDC business or assets by way of sale, merger, or reorganisation.

Licensee hereby consents in advance to any such assignment. Licensor will notify Licensee in writing within thirty (30) days of any such assignment, at which time Licensee’s contractual counterparty shall be the successor entity. No consent or further action by Licensee is required.

22.3 Continuity of services

An assignment under Section 22.2 does not terminate any active license, warranty, or support obligation, which continue in force against the successor entity on the same terms.

23. Security and Vulnerability Reporting

23.1 Coordinated disclosure

Security researchers and Licensees who discover a security vulnerability in the Software are encouraged to report it privately to [email protected]. A PGP public key for encrypted reports and the canonical security contact record (RFC 9116) are published at https://datadrivenconstruction.io/.well-known/security.txt.

Licensor follows coordinated-disclosure practices:

• acknowledgement of report within three (3) business days;
• initial technical assessment within fourteen (14) calendar days;
• fix or mitigation within ninety (90) calendar days where feasible;
• public disclosure coordinated with the reporter, no later than one hundred twenty (120) days from the initial report, unless Licensor and the reporter agree otherwise.

23.2 Regulatory reporting

Once obligations under Regulation (EU) 2024/2847 (Cyber Resilience Act) enter into force (from 11 September 2026 for vulnerability reporting; from 11 December 2027 for full compliance), Licensor will report actively exploited vulnerabilities to the ENISA Single Reporting Platform and cooperate with the German Federal Office for Information Security (BSI) and CERT-Bund as required.

23.3 Licensee obligations

Licensee shall:

1. install security updates provided by Licensor within a reasonable time;
2. not publicly disclose or exploit discovered vulnerabilities before coordinated disclosure is completed, except as required by mandatory law.

24. Contact

DataDrivenConstruction — Artem Boiko (Kleingewerbe / Einzelunternehmen)
Kraichgaustraße 3, 76676 Graben-Neudorf, Germany
Email: [email protected]
Security: [email protected]
Contact form: https://datadrivenconstruction.io/contact-support/